header_logo
cancel1

Litigation

Introduction

Dispute resolution in the LatAm region through litigation, arbitration and government enforcement actions escalated in 2018 and 2019, and activity is likely to increase in 2020.. Read more…

Select jurisdiction(s)

Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

Select question(s)

Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

  • 1.

    Outline the court system in your jurisdiction.

  • 2.

    What remedies are available to a local entity or resident that is in a dispute with a foreign entity? Do the laws provide foreign entities the same rights afforded to local entities? Are there laws requiring foreign entities to post a bond or other security before they can defend a suit?

  • 3.

    What is the process by which a foreign entity may challenge the jurisdiction or venue of the; court where litigation is filed? What factors are considered when a court evaluates whether; to exercise jurisdiction over a foreign entity?

  • 4.

    What is the most common type of litigation encountered in your jurisdiction by foreign entities?

  • 5.

    How frequently do parties pursue criminal actions in the context of commercial disputes? May criminal trial evidence be adduced in follow-on civil litigation? May civil cases be brought concurrently or after criminal litigation?

  • 6.

    Is there a right to a trial by jury in a commercial dispute?

  • 7.

    Do courts require or strongly encourage mediation or other alternative dispute resolution methods before or during a litigation proceeding?

  • 8.

    Will choice of law and choice of forum provisions in a contract be recognised?

  • 9.

    Does your jurisdiction have a specific arbitration law? Are arbitration awards enforced by the courts? May courts enjoin/prohibit arbitration proceedings in matters that are also pending in a court proceeding?

  • 10.

    Do the courts recognise attorney-client privilege? If so, is the privilege applicable to in-house lawyers?

  • 11.

    Are legal proceedings public? In other words, can the general public observe hearings and review the filings of the parties?

  • 12.

    May a defendant join other potentially liable parties to the existing lawsuit?

  • 13.

    How may a party enforce a foreign judgment?

  • 14.

    How is service of process effected? How long does it typically take?

  • 15.

    How much time does a party have to answer a complaint? Can a party extend this time?

  • 16.

    What types of pretrial proceedings are available in court? What kinds of dispositive motions can be filed before trial? Under what circumstances may a lawsuit be dismissed prior to trial?

  • 17.

    How long does it take to obtain a first-instance judgment in a typical commercial litigation case?

  • 18.

    Is a party required to submit all facts, arguments and supporting evidence with its initial pleading?

  • 19.

    Does litigation provide a process for investigating claims or right to discovery of evidence prior to trial?

  • 20.

    Does litigation provide a process to subpoena or obtain documents or testimony from third parties?

  • 21.

    Does the judge or opposing counsel examine witnesses?

  • 22.

    How may evidence be challenged? Are there specific rules of evidence?

  • 23.

    Do courts typically allow hearings at or before a trial? At what stage may parties present expert witness testimony?

  • 24.

    What must be demonstrated to collect a debt based on a written instrument?

  • 25.

    What remedies are available in your jurisdiction to a minority shareholder of a corporation in a dispute with the corporation or the majority shareholders?

  • 26.

    What rights are available in the courts for someone holding a maritime lien interest in a vessel?

  • 27.

    What rights are available for a party holding a security interest in real property and personal property? Are there expedited proceedings to allow the recovery of property serving as security for debt obligations?

  • 28.

    Describe the types of employment disputes that frequently result in litigation.

  • 29.

    Does your jurisdiction allow class actions or some form of collective litigation proceeding?

  • 30.

    Do government-owned or controlled entities enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation?

  • 31.

    Do foreign states or entities controlled or owned by foreign states enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation in your jurisdiction (state immunity)?

  • 32.

    Is injunctive or other relief available on an emergency basis?

  • 33.

    Is injunctive relief available as part of a final award? If so, in what types of cases do courts usually provide injunctive relief?

  • 34.

    What are the typical court fees and costs required to file a civil lawsuit?

  • 35.

    Is a bond required for a non-resident? What is the amount of the bond?

  • 36.

    What types of damages are available? How are damages quantified? Are punitive damages available?

  • 37.

    Is the losing party liable for the prevailing party?

  • 38.

    Will courts enforce a liquidated damages provision in a contract?

  • 39.

    What is the appeal process against trial court decisions?

  • 40.

    How frequently do appellate courts reverse trial court decisions?

  • 41.

    May the courts entertain challenges to administrative decisions made by federal or local governments? If so, how frequently do courts reverse administrative decisions in favour of a private party?

  • 42.

    How are trade secrets protected in judicial proceedings?

  • 43.

    Are settlement agreements confidential? Must the parties’ settlement agreement be certified by the court?

  • 44.

    Who has the burden of proof at trial? What is the burden?

  • 45.

    What are the most significant recent developments regarding judicial reform? Is any proposed legislation likely to affect the civil litigation market?

  • 46.

    Describe any recent noteworthy litigation and arbitral cases.

Latin Lawyer gives you a fantastic platform to promote your legal expertise to our extensive readership base

Become an author

Contributing editors

Authors